TERMS & CONDITIONS OF USE
‘GREENING SEASON 2013’
1. Your use of the applications entitled ‘Great Green Off’ (the GGO App) and ‘Dublin Doodle’ (the DD App) (collectively, the Apps) and, if applicable, the use of your Content in the Apps is subject to these terms and conditions (the Terms). Your use of the Apps constitutes your binding acceptance of these Terms.
2. The Apps are owned by Tourism Ireland Limited (TI) a company registered in Ireland with company number 336370 having its registered offices at 5th Floor, Bishop's Square, Redmond's Hill, Dublin 2.
3. TI may modify these Terms at any time without notice to you by posting revised Terms on the Apps. Your continued use of the Apps following the posting of revised Terms will mean that you accept and agree to such revised Terms.
4. Pour obtenir une version traduite en français, merci de nous contacter à l’adresse suivante : JJensma@tourismireland.com. Vous la recevrez sous 2 jours.
5. Manda una mail a JJensma@tourismireland.com per richiedere la versione italiana del regolamento. La traduzione ti sarà inviata entro 2 giorni lavorativi. Grazie.
6. Bitte schicken Sie eine E-Mail an JJensma@tourismireland.com.com, wenn Sie eine deutsche Fassung der Teilnahmebedingungen wünschen. Bitte haben Sie Verständnis, dass die Beantwortung bis zu 2 Werktage dauern kann.
7. Por favor, mándanos un correo electrónico a JJensma@tourismireland.com para pedir una copia de los términos y condiciones del sorteo en español. Te enviaremos la respuesta dentro de 2 días laborales.
8. Gelieve een e-mail te sturen naar JJensma@tourismireland.com om een Nederlandstalige versie aan te vragen. Gelieve 2 werkdagen te rekenen voor een antwoord.
RULES – ‘GREAT GREEN OFF’ APPLICATION
9. Users of the GGO App may upload video, image, text and other content (the GGO Content) to the GGO App in accordance with applicable rules and guidelines. The winning GGO Content will be chosen by a panel of judges appointed by TI. The decision of the judges is final and binding and no correspondence will be entered into. Closing date for entries is 24 March 2013. TI intends to choose the winning Content no later than 12 April 2013. Users/entrants must be 18 years of age or over. The prize for the winning GGO Content will be a holiday in Ireland for six people. The winner and up to 5 companions will receive (a) return flights from/to one airport, (b) accommodation for 7 nights in sharing twin/double rooms, and (c) entrance tickets to relevant Gathering Ireland 2013 events as chosen by TI. There will be a choice of four different travel dates and these dates shall be based around different Gathering Ireland 2013 events. The winner and his/her companions must travel on the same itinerary. TI will not replace any lost or stolen tickets, travel vouchers, or certificates. Once booked, no change, extension, or substitution of travel dates is permitted, except by TI at its sole discretion. The winner and his/her companions are responsible for obtaining all necessary and required travel documentation and travel and health insurance. The winner and his/her companions must be eighteen (18) years of age or older at the time of travel. Travel arrangements must be made through TI or its agent and TI shall determine airline and flight itinerary in its sole discretion. All travel expenses not described herein as being awarded are the sole responsibility of the winner and his/her companions. If for any reason any portion of the Prize is not redeemed, such portion will be forfeited with no compensation being paid in exchange thereof. TI is not responsible for any cancelled, delayed, suspended or rescheduled event (including airline flights beyond its control). This prize is non-transferable and not for sale or resale or redeemable for cash. TI reserves the right to replace or alter the prize without prior notice. If the prize is declined, the prize or prize notification is returned as undeliverable, or in the event of non-compliance with these Terms, the prize will be forfeited and may be awarded to an alternate winner in TI’s sole discretion.
RULES – ‘DUBLIN DOODLE’ APPLICATION
10. Users of the DD App may create on the DD App a drawing or doodle on a picture of Trinity College, Dublin using tools contained in the DD App (the DD Content) and may upload that drawing or doodle to the App. Closing date for entries is 11 March 2013. A selection of drawings and doodles will be chosen by a panel of judges appointed by TI and used for a projection event at Trinity and then hosted on YouTube and Ireland.com. The decision of the judges is final and binding and no correspondence will be entered into. TI intends to choose the selection of drawings and doodles no later than 14 March 2013.
YOUR USE OF THE APPS
11. You may not attempt to gain unauthorised access to any portion or feature of the Apps, or any other systems or networks connected to the Apps or to any TI server, or to any of the products or services offered on or through the Apps, by hacking, password “mining” or any other illegitimate means.
12. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Apps to its source, or exploit the Apps or any service or information made available or offered by or through the Apps, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Apps.
13. You may not use the Apps or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of TI or others.
SUBMISSION OF CONTENT
14. If you upload GGO Content and/or DD Content (collectively the Content) to the Apps TI shall evaluate that Content and, at its sole discretion, may decide not to accept the Content. TI may at its discretion edit, shorten, adapt, or alter part(s) of the Content before it is accepted on to the Apps. If TI decides to accept your Content you hereby confirm that you agree to comply with Facebook’s terms and conditions of use, including without limitation the Facebook Community Standards which may be viewed at https://www.facebook.com/communitystandards.
15. By uploading the Content to the Apps you hereby grant to TI a non-exclusive licence to edit, adapt, alter, translate, remove and/or delete the Content or any part thereof in any manner it sees fit for the reasons set out in Condition 14 above and to correct URLs, correct typos, remove profanities or if in TI’s opinion the Content is contrary to the spirit or intention of the Apps or for any other reason whatsoever. Without prejudice to the generality of the foregoing TI reserves the right to delete any Content from the Apps at any time, regardless of whether TI previously accepted that Content, and to delete any third party comments on that Content or any other material associated with that Content. You hereby irrevocably and unconditionally waive all moral and other rights that you possess in relation to the Content pursuant to the Copyright and Related Rights Act 2000 or any similar laws of any jurisdiction.
16. You warrant that the Content (including any music contained in the Content) will be wholly original to you and shall not infringe the copyright or other intellectual property rights or privacy rights or any other rights of any third party. You warrant that you have obtained all necessary licences or consents from third parties as may be necessary in order to comply with your obligations in relation to the Content as set out in these Terms.
17. In the event any third party claim is made against you for infringement of copyright or other rights arising from your use of the Content and/or your grant of a licence to TI to reproduce and otherwise use the Content you must immediately notify TI in writing regarding the details of such claim.
18. If an individual under eighteen (18) years of age is featured in the Content you warrant that you have obtained all necessary consents from that individual’s parent(s) or legal guardian(s) as may be necessary in order to comply with your obligations in relation to the Content as set out in these Terms.
19. You warrant that the Content will not focus on or refer to political matters or contain sales messages or promote any business or contain any defamatory matter or breach any contract or duty of confidence and will not constitute contempt of court nor breach any provision of any statute or any regulations made thereunder. You acknowledge and agree that the Content shall reflect your own views and not those of TI’s and hereby agree to confirm this to any third party at TI’s request.
20. By uploading the Content to the Apps you hereby grant to TI and to both Fáilte Ireland and the Northern Ireland Tourist Board a non-exclusive licence to and to authorise others to copy, reproduce and include the Content (including for the avoidance of doubt your name likeness and biography and any other personal information contained in the Content) in any publicity, advertising and marketing campaign materials including without limitation print advertisements, websites, e-zines, Facebook pages and wall posts and in any other materials or content in all media now known or hereafter devised (including but not limited to all forms of television, print media, digital media, internet, all forms of video/DVD distribution, merchandising, publishing, and interactive multimedia) throughout the world for the full period of copyright and thereafter in perpetuity. You hereby irrevocably grant to TI the right throughout the world to issue and to authorise others to issue publicity and marketing materials containing the Content.
INDEMNITY
21. You shall indemnify and keep TI fully and effectively indemnified against all actions, costs, losses, claims and expenses of whatsoever kind or nature arising from any breach or non-performance by you of your warranties, representations, and undertakings in relation to the Content set out above.
YOUR PERSONAL INFORMATION
22. If you opt in for TI email notifications and ezines the following personal information will be collected and retained by TI: your name, email address and country of residence. Use of the Apps and all of the information that TI collects from you is subject to TI’s Privacy Statement which may be viewed at https://www.ireland.com/legal-information/privacy-policy.
COMPETITION RULES
23. You acknowledge that the uploading of your Content to the GGO App or the DD App automatically enters you into a competition (a Competition). Each Competition shall be governed by the rules set out in Condition 9 or 10 above, as applicable, and the following minimum terms and conditions and by any additional terms and conditions TI may issue:
23.1 Employees or contractors of TI or its associated companies and agencies may not enter a Competition (this prohibition extends to immediate family members of any of the prohibited persons referred to above) and if you are such an individual you should inform TI of this at the time you upload your Content to the GGO App or the DD App.
23.2 TI will not accept any responsibility for lost, late or incomplete entries to a Competition. TI will not be held responsible for a breakdown in communications systems or networks that may result in your Content not being registered, accepted or processed for the purposes of a Competition.
23.3 By accepting a prize, a winner shall be obliged to grant to TI the right to use and publish his or her name and photograph in such media as TI may choose for advertising and/or promotional purposes. If requested by TI, a winner of a prize must agree to take part in any publicity relating to his or her prize. Should a winner be unable or unwilling to be take part in such publicity TI may at its discretion choose a replacement winner.
23.4 Each winner’s name will be published on or by TI on dates to be decided by TI as soon as possible and the county of residence (if the winner is resident in Ireland) or country of residence (if the winner is not resident in Ireland) may be obtained by emailing a request to Jenny Jensma at JJensma@tourismireland.com.
23.5 TI shall have the right to amend, suspend, cancel or withdraw either or both Competitions in whole or in part at any time without prior notice.
23.6 The determination and decision of TI on all matters relating to each Competition shall be final and no correspondence will be entered into. TI reserves the right in its reasonable discretion to disqualify any applicant whose conduct is contrary to the spirit of the rules or the intention of a Competition and to declare as void any or all of their claims or entries based on such conduct.
23.7 No warranty or guarantee shall be given by TI in relation to a prize awarded in a Competition. To the fullest extent permitted by the law, TI, its representatives and trading partners shall not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded in a Competition, do not recommend or guarantee the performance of any contractual or other obligations or any third parties associated with a prize and shall not be liable for any fraud committed by any third party.
23.8 Each Competition and any matter arising from it shall be governed by Irish law and be subject to the exclusive jurisdiction of the Irish courts.
SUSPENSION / TERMINATION
24. TI has the right (but not the obligation) to suspend or terminate your use of the GGO App or the DD App and/or to block your IP address and/or to delete Content uploaded by you immediately and without notice for any reason including, without limitation, if TI believes that you have acted inconsistently with these Terms or if TI believes that you have uploaded Content, or have otherwise acted in a manner, which is contrary to the spirit or intention of the Apps.
DISCLAIMERS AND LIMITATION OF LIABILITY
25. The Apps and the prize described in Condition 9 are provided on an "AS IS" basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.
26. TI is not responsible for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer virus, computer failure or malfunction, or any and all other commercial damages or losses.
27. TI disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Apps. You assume total responsibility for your use of the Apps and any Linked Apps. Your sole remedy against TI for dissatisfaction with the Apps is to stop using the Apps.
28. TI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Apps, or any portion of the Apps, for any reason; (2) to modify or change the Apps, or any portion of the Apps, and any applicable policies or terms; and (3) to interrupt the operation of the Apps, or any portion of the Apps, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
29. Except where prohibited by law, in no event will TI be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TI has been advised of the possibility of such damages.
30. By accepting the prize described in Condition 9 the winner and his/her companions acknowledge and accept sole liability for the inherently dangerous nature of and risks of travelling, including but not limited to personal injury and/or death. By accepting the prize, the winner and his/her companions agree to release TI and its agents, employees and contractors from any and all liability, loss or damage of any kind incurred with respect to the awarding, receipt, possession, and/or use or misuse of the prize or participation in prize-related activities, including but not limited to travel related thereto. The winner and his/her companions acknowledge that TI and its agents, employees and contractors have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in relation to the prize.
INDEMNITY
31. You agree to hold harmless and indemnify TI, and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Apps, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
SEVERABILITY
32. If at any time, any one or more of the provisions in these Terms (or any clause or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
NON-WAIVER
33. TI’s rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time to you by TI nor by any failure of or delay by TI in asserting any such rights or remedies.
ENTIRE AGREEMENT
34. These Terms constitute the entire agreement between you and TI with regard to your use of the Apps.
LAW AND JURISDICTION
35. Use of the Apps is subject to existing laws and legal process. Nothing contained in these Terms shall limit TI’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Apps.
36. These Terms shall be construed in accordance with Irish law and you irrevocably agree to bring any action to enforce these Terms before a court of competent jurisdiction in Ireland.
